- (1.) THIS writ petition has been filed by the petitioner for issuance of writ of mandamus commanding the respondents, particularly respondents 2 & 3, to adhere to their own procedure for setting up an industrial unit in Adityapur Industrial Area and for issuance of allotment letter in respect of Plot no. M -10(P), phase IV, Adityapur Industrial Area, having an area of 3.48 acres in terms of the promises and assurances made for which the petitioner has already deposited the required amount towards cost of the land and made further investment acting on the basis of instructions of respondents 2 and 3.
(2.) IA No. 8470 of 2013 has been filed through one of their Directors Dharamveer Singh for impleading M/s Hard Rock Fabrication (P) Ltd, Hard Rock Steel (P) Ltd and Hard Rock Auto(P) Ltd in this writ petition as respondents in view of the order dated 30.10.2013 passed by the apex Court in connection with SLP (Civil) No. 29324/2012.
(3.) IT is submitted that the land under Plot no. M.10(P), phase IV, Adityapur Industrial Area, having an area of 3.48 acres was allotted to M/s Jamshedpur Steel (P) Ltd, but for some reason or the other, or due to financial crisis, M/s Jamshedpur Steel Pvt Ltd could not be able to run the industry and filed deed of surrender making prayer therein that the land may be allotted in favour of the petitioner in I. A. No. 8470 of 2013 On the other hand, said allottee M/s Jamshedpur Steel Pvt Ltd again executed a deed of surrender in favour of respondents 2 and 3 praying therein for allotment of the said land to the petitioner in this writ petition. Since M/s Jamshedpur Steel Pvt Ltd had executed two deeds of surrenders in favour of two entrepreneurs (i.e. petitioner in the writ petition and petitioners in IA No. 8470 of 2013) the matter of re -allotment had fallen in dispute and therefore the respondents 2 and 3 has taken a third view and cancelled the lease deed in respect of the land allotted in favour of Jamshedpur Steel Pvt Ltd. ( respondent no. 4). It goes without saying that the cancellation of the lease by which the land was given to M/s Jamshedpur Steel Pvt Ltd remained unchallenged by the original lessee.;